Recently, I have read numerous judgments written, amongst other things, badly, verbose and/or nonsensical. Chairpersons either go the extra mile, presiding over non issues or do not go far enough to explain the reasons for recommendations.
This series of presentations will discuss various elements important to ensuring substantive and procedural fairness of a process that may be responsible in dramatically altering an employee’s livelihood.
PART 1: CAN LAPSED WARNINGS BE USED AGAINST YOU???
According to NUM obo Selemela / Northam Platinum Ltd they can!
The Labour Appeal Court (‘LAC’) held that an employee’s lapsed written warnings may be taken into account to show that the employee has a propensity to misconduct him/herself in a particular way at convenient intervals falling outside the period of applicability of the warning.
Download (pdf file)